BBI: Uhuru Should Heed the Lessons of History

Total Page:16

File Type:pdf, Size:1020Kb

BBI: Uhuru Should Heed the Lessons of History BBI: Uhuru Should Heed the Lessons of History By Nicholas Githuku and Robert Maxon The rapprochement of March 2018 between Uhuru Kenyatta and Raila Odinga, now famously referred to as “the handshake”, which kick-started the BBI consultation process and culminated in the Report of the Steering Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report, is emblematic of the rough-and-tumble that is the country’s tumultuous political history. The report of the taskforce provided long-awaited principles and recommendations for the construction of “a new Kenyan nation,” including several changes in the current constitution. But a portion of Kenyatta’s Mashujaa Day speech on 20 October 2020 suggests a need for caution. It was rather ahistorical, and unfortunately, oblivious of numerous imposed top-down attempts at constitution-making and other general attempts to foist government declarations or policy documents on ordinary people. Hoping to, perhaps, prepare the ground for elite-led changes to the 2010 constitution, the president’s speechwriters sought to arrive at this end by using a portion of the speech to remind citizens that constitutions are not static but often change. This process, the writers asserted, should be a product of “constant negotiation and renegotiation of nationhood”, and building a constitutional consensus. The italicized end of the president’s paraphrased speech is instructive, and erroneous in the light of the country’s constitutional history. Moreover, referring to the Steering Committee’s report, the speech sought to prepare the ground for constitutional and other changes by calling for the building of “a sense of national ethos” that will emphasize belonging and inclusion. This, as the committee rightly observed, must include “documenting our history honestly”. But not so the president as per his speech, notably. Most historians and citizens would agree that a key element in such an honest history must be factual accuracy regarding past events and interpretations solely based upon such facts. It is this latter point that the speechwriters disregarded in putting forth an account of constitution-making. While correctly emphasizing the need for a constantly moving exercise requiring, again, note, a consensus among political leaders and wananchi, the examples from which they drew during the colonial era demonstrate no such thing. Neither the Lyttleton Constitution of 1954 nor the Lennox- Boyd Constitution (announced in 1957 and implemented in 1958) were the product of a consensus. First, both constitutions were imposed by the secretaries of state for the colonies after whom they are named, and the terms were dictated by the then governor Sir Evelyn Baring and his advisors—does this ring a bell yet? Elitist. Moreover, the Kenyan population, and particularly Africans, had no input whatsoever in the Lyttleton Constitution, which was imposed even though all six of the Africans appointed to the Legislative Council (LegCo) refused to accept the Lyttleton plan. That plan was not about inclusion at all, but its main purpose was to create a multiracial council of ministers in which, in the early stages of planning, no African would hold a portfolio. Lyttleton eventually agreed for one ministry to be headed by an African, but it ought to be recalled that the constitution provided for three European settler ministers to join the two settlers already holding the important portfolios of finance and agriculture. Neither the Lyttleton Constitution nor the Lennox-Boyd Constitution were the product of a consensus. The key group for Lyttleton and the governor in Kenya’s racial politics of the time was thus the European settler politicians. The acceptance of the plan by most of them constituted Lyttleton’s success and left the African population, among whom none could vote for representatives to the Legislative Council, totally excluded. While there was little inclusion, African LegCo members did gain a promise from Lyttleton that the colonial government would take steps to provide for African representation. The promise, imposed without the agreement of settler representatives, led to the first African elections of March 1957. The eight African Elected Members (AEM) immediately launched a campaign for change that would produce a more inclusive constitutional order (European voters elected 14 LegCo members and Asian voters 6). Amazingly, Kenyatta’s speechwriters cast this as consensual by the statement that if the Lyttleton Constitution “was wrong, it was made right” by the Lennox-Boyd Constitution. This interpretation has no basis in fact as all the European settler members of LegCo opposed the AEM campaign, which included a refusal to accept the two ministerial positions reserved for Africans in 1957. Significantly, most Asian political leaders came to support the AEM demands. Just as in 1954, then Secretary of State Alan Lennox-Boyd, in response to the AEM campaign, flew to Nairobi in late 1957 to implement constitutional changes suggested by Baring. He was prepared to increase the number of AEM in the LegCo and determined to make them accept ministerial portfolios and introduce what came to be known as specially elected members to the LegCo. AEM rejected these proposals, including the six additional LegCo seats for Africans and the creation of a council of state. Convinced he knew best, and that the only views that mattered were those of the European settler population, an infuriated Lennox-Boyd went ahead anyway, giving up his attempt to build consensus and ignoring the opinions of most of the Kenyan population. The result was continued political exclusion, and a period of on-going political tension and racial hostility. The AEM boycott of the Lennox-Boyd innovations (except the six additional LegCo positions) by April 1959 forced the British government to accept that the Lennox-Boyd plan had become unworkable. The solidarity of the AEMs won the battle. But it was a glaring distortion of history to single out Oginga Odinga, Daniel Toroitich arap Moi, and Masinde Muliro as heroes in the president’s speech while at the same time seeming to say that as AEMs they consented to the changes desired by Lennox-Boyd and Baring. Nothing could be further from historical fact as the archival records of the discussions leading to the Lennox-Boyd Constitution clearly illustrate. Asian political opinion supported the need for constitutional change, but several of the European elected members of LegCo did not favour discussing constitutional changes. The years 1959 and 1960 brought an end to consensus among the settler political elite. The first Lancaster House constitutional conference (LH1) thus brought together Kenyan LegCo members who viewed constitutional change very differently with few apparent grounds for agreement. While the settlers were divided, the 14 AEM delegates were united in a firm stand in favour of a rapid democratic transition for Kenya leading to self-government and independence within a short period of time. European delegates were, by contrast deeply divided, with the right- wing United Party favouring continued colonial rule and the New Kenya Party (NKP) delegates favouring a gradual transition to independence, and a multiracial executive and parliament with reserved seats for Europeans and fewer for Asians. The new Secretary of State Iain Macleod, like his predecessors, was unable to find or facilitate consensual agreement on a new constitution. Contrary to the claims of the speechwriters, therefore, there was no common ground negotiated among the delegates. Macleod moved beyond this stalemate by putting a set of proposals before the by-now weary delegates that they were required to accept in full or reject. This was a quite different approach than in 1954 and 1957. Macleod then cleverly manoeuvred the African, Asian, and NKP delegates into acceptance of his terms that went some way toward meeting the demands of African delegates, but not others, for instance, universal suffrage, the appointment of a chief minister, and the release of Jomo Kenyatta. In a real sense, for that reason, the LH1 constitution was an imposed one, and indeed many living in Kenya at the time rejected it. The 14 AEM delegates were united in a firm stand in favour of a rapid democratic transition for Kenya leading to self-government and independence within a short period of time. Nonetheless, the AEM accepted it as ending European settler political predominance in Kenya and the new plan as a step on the way to independence. Over subsequent months, however, the consensus that had united the AEM disappeared as bitter divisions developed regarding the type of constitution Kenya should adopt as an independent nation. The competing visions of the two political parties, KANU (a unitary republic) and KADU (majimbo or a federal republic), were difficult to reconcile. This formed the background for the second Lancaster House conference in 1962. The absence of agreement on the basic constitutional structure was clear from the first meeting, and again, a British colonial secretary was forced to impose a settlement that did not take the form of a constitution but of a framework on which a coalition government in Kenya would work out the final document. This took a year and required the British government to draft the self-government constitution and decide key provisions because the KANU and KADU ministers could, well, not agree. This brief narrative serves to make it clear that there was no consensus here anymore than with the three previous constitutional talks. It is thus, rather puzzling, if not amusing in an odd way that, in a desire to promote negotiated and consensual constitutional innovation under the auspices of the BBI in the year 2020, and by the president no less, these should be the examples put before the Kenyan public in justification. Rather, an accurate account and analysis of earlier or past constitutional innovations demonstrate very clearly the need for wide consultations among the populace (unlike the episodes described above where only a narrowly defined political elite participated) and a broad- based consensus.
Recommended publications
  • Working Document for the Constitution of Kenya Review Commission on the Kadhi's Courts, Chief Kadhi and Kadhis
    WORKING DOCUMENT FOR THE CONSTITUTION OF KENYA REVIEW COMMISSION ON THE KADHI'S COURTS, CHIEF KADHI AND KADHIS By Ahmed Issack Hassan, Commissioner, CKRC. ([email protected]) (www.ahmedissackhassan.com) The Commission’s Mandate The Constitution of Kenya Review Act provides that the objects and purposes of the constitutional review is to secure provisions therein, inter alia respecting ethnic and regional diversity including the right of communities to organize and participate in cultural activities and the expression of their identities and establishing a democratic government that respects human rights - (Section 3(e) & (b). Further, under Section 5(b) of the Act, the organs of the review shall ensure that the review process accommodates the diversity of the Kenyan people including socio-economic status, race, ethnicity, gender, religious faith, age, occupation, learning, persons with disability and the disadvantaged. The Commission is also mandated to seek views on and make recommendation to the judiciary and the legal systems of Kenya. Chapter 5 of the Constitution of Kenya guarantees the protection of the fundamental rights and freedoms of every person. Section 78 guarantees the freedom of thought, religion and conscience and Section 82 prohibits discrimination of any person on account of inter alia his or her religious beliefs. The Current Status of the Kadhi’s Courts, Chief Kadhi and Kadhis The Kadhi's Court, Chief Kadhi and Kadhis are Constitutional offices established under Section 66 of the Constitution of Kenya. A Kadhi is strictly speaking a judicial officer, judge or magistrate presiding over an Islamic Court, called the Kadhi's Court, where Islamic law or Sharia is applied and subject to the jurisdiction of the Court all the parties who appear before the Court are those that profess the Muslim/ Islamic faith.
    [Show full text]
  • 19-10-2016, Morning
    October 19th, 2016 COUNTY ASSEMBLY PROCEEDINGS 1 COUNTY ASSEMBLY OF KISII HANSARD Wednesday, 19th October, 2016 House sat at the County Assembly Chambers at 0902hrs Hon. Speaker {Kerosi Ondieki} in the Chair PRAYERS HON. SPEAKER: Can we proceed with the Orders of the day! MESSAGES Who is the acting Leader of Majority? I will assume that there is no Leader of Majority. Next order! STATEMENTS Honorable Onukoh, I have a Supplementary Order Paper where I have slotted some of the Statements you gave me yesterday and I allowed them under the Standing Order No. 1 and the powers of the Speaker that you can actually do them today. In which sequence do you want to do them? HON. SAMUEL ONUKOH: Thank you Mr. Speaker sir for according me the opportunity and for your consideration. There are three Statements I want to read and present in this House. THE BUDGET REVIEW AND OUTLOOK PAPER FROM THE TREASURY I will start with the Statement that requires the County Treasury to give us a Budget Review and Outlook Paper (CBROP) as envisaged in the Public Finance Act Section 118. HON. SPEAKER: Number 3. HON. SAMUEL ONUKOH: Number 3 Mr. Speaker sir. Disclaimer: The electronic version of the Hansard Report is for information purposes only. A certified Official version of this Report can be obtained from the Hansard Editor. October 19th, 2016 COUNTY ASSEMBLY PROCEEDINGS 2 HON. SPEAKER: Proceed. HON. SAMUEL ONUKOH: Mr. Speaker sir, according to the Public Finance Management (PFM) Act Section 118; County Treasury to prepare a County Budget Review and Outlook Paper and it says in (1) The County Treasury shall… and Mr.
    [Show full text]
  • The Appointment, Tenure and Removal of Judges Under Commonwealth
    The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and
    [Show full text]
  • Adventist World
    Seite 10 Seite 22 Seite 28 April 2019 Adventisten, die Koste es, Das spanische etwas bewegen was es wolle Gebet Geschichte schreiben VON BILL KNOTT as wir im Geschichtsunterricht gelernt haben, hat unsere Vision Wvon unserem Leben mehr geprägt, als uns bewusst war. Wie in den meisten Kulturen der Welt gemeinhin gelehrt wird, ist „Geschichte“ eine Schilderung von großen – oder schrecklichen – Dingen, die von privilegierten Menschen in entscheidenden Momenten im Leben eines Stammes, eines Volkes oder einer Nation gesagt oder getan wurden. Diese Theorie vom „großen Mann“ in der Geschichte reduziert jedoch zwangsläufig unsere Erwartungen an uns selbst. Wenn Geschichte, die australien es wert ist, aufgezeichnet zu werden, von anderen gemacht wird, die wichtige Dinge auf Bühnen sagen oder tun, auf die wir nie einen Fuß setzen werden, wird unsere Verantwortung für die Veränderung der Welt um uns herum irgendwie geringer. Hunger, so nehmen wir an, ist ein Pro- blem, das die Politiker lösen müssen. Frieden zu schaffen ist die Aufgabe Zum Titelbild ausgebildeter Diplomaten, die zwischen den Hauptstädten dieser Welt Kelvin Coleman kommt aus Kuranda, einer hin und her pendeln. Eine faire Behandlung der Menschen wird nur dann kleinen Stadt in der Nähe von Cairns im passieren, wenn Parlamentsabgeordnete in einer getäfelten Kammer mit australischen Bundesstaat Queensland. Er knapper Mehrheit ein Reformgesetz beschließen. nahm vor kurzem an einem landesweiten Aber es gibt noch einen anderen Handlungsstrang einen, der von Jesus Camp für die Arbeit unter den Aborigines gelehrt und gelebt wurde, und der jeden Gläubigen, auch wenn er noch und den Torres-Strait-Insulanern (Abori- so bescheiden und unbedeutend zu sein scheint, zu einem Wendepunkt ginal and Torres Strait Islander Ministries, der Geschichte macht.
    [Show full text]
  • Constitution of the United Republic of Tanzania of 1977
    THE UNITED REPUBLIC OF TANZANIA THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA OF 1977 CHAPTER 2 OF THE LAWS ________ 2005 The following is the official Revised version in English of “KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA YA MWAKA 1977”. This revised edition of the Constitution of the United Republic of Tanzania incorporates and consolidates all amendments made therein by the Constituent Assembly in 1977 up to the 14 th Amendment of 2005 and it is printed and published under section 4 of the Laws Revision Act Chapter 4. 2 THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA (CAP. 2) ARRANGEMENT OF CONTENTS Article Title PREAMBLE CHAPTER ONE THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCE PART I THE UNITED REPUBLIC AND THE PEOPLE 1. Proclamation of the United Republic. 2. The territory of the United Republic. 3. Declaration of Multi-Party State. 4. Exercise of State Authority of the United Republic. 5. The Franchise. PART II FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY 6. Interpretation. 7. Application of the provisions of Part II. 8. The Government and the People. 9. The pursuit of Ujamaa and Self-Reliance. 10. [Repealed]. 11. Right to work, to educational and other pursuits. PART III BASIC RIGHTS AND DUTIES The Right to Equality 12. Equality of human beings. 13. Equality before the law. The Right to Life 14. The right to life. 15. Right to personal freedom. 16. Right to privacy and personal security. 17. Right to freedom of movement. 3 The Right to Freedom of Conscience 18.
    [Show full text]
  • Notes and References
    Notes and References 1 The Foundation of Kenya Colony I. P[ublic] R[ecord] O[ffice] Kew CO 533/234 ff 432-44. Kenya was how Johann Krapf, the German missionary who was in 1849 the first white man to see the mountain, transliterated the Kamba pronunciation of the Kikuyu name for it, Kirinyaga. The Kamba substituted glottal stops for intermediate consonants, hence 'Ki-i-ny-a'. T. C. Colchester, 'Origins of Kenya as the Name of the Country', Rhodes House. Mss Afr s.1849. 2. PRO CO 822/3117 Malcolm MacDonald to Duncan Sandys. Secret and Personal. 18 September 1963. 3. The new rail routes in question were the Uasin Gishu line and the Thika extension. M. F. Hill, Permanent Way. The StOlY of the Kenya and Uganda Railway (Nairobi: East African Railways and Harbours, 2nd edn 1961), p. 392. 4. Daily Sketch, 5 July 1920, p. 5. 5. Sekallyolya ('the crane [or stork] looking out on the world') was first printed in Nairobi in the Luganda language in 1921. From time to time it brought out editions in Swahili and for special occasions in English. Harry Thuku's Tangazo was the first Kenya African single­ sheet newsletter. 6. Interview with James Beauttah, Fort Hall, 1964. Beauttah was one of the first English-speaking African telephone operators. He claimed to be the first African to have electricity in his house. 7. PRO FO 2/377 A. Gray to FO, 16 February 1900, 'Memo on Report of Law Officers of the Crown reo East Africa and Uganda Protector­ ates'. The effect of the opinion of the law officers is that Her Majesty has, by virtue of her Protectorate, entire control over all lands unappropriated ..
    [Show full text]
  • Chapter 15 Administering and Regulating Security And
    CHAPTER 15 ADMINISTERING AND REGULATING SECURITY AND CRIMINAL JUSTICE IN KENYA AND AFRICA This Chapter may be cited as Ben Sihanya (forthcoming 2021) “Administering and Regulating Security and Criminal Justice in Kenya and Africa,” in Ben Sihanya (2021) Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa Vol. 1: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya Sihanya Mentoring & Prof Ben Sihanya Advocates, Nairobi & Siaya 15.1 Conceptualizing Security and the Criminal Justice System in Kenya and Africa My overarching argument is that national or public security has a narrow and a broad meaning and significance which are equally important in the quest for constitutional democracy in Kenya and Africa.1 In this chapter, security and criminal justice is problematized and conceptualized using the Afro-Kenyanist methodology and approach, with elaborate anecdotes and references to Kenyan and African scholarship. What are some of the key issues in the constitutional, legislative, policy and administrative debate in the context of the Building Bridges Initiative (BBI)…. How has security and the criminal justice system (CJS) been conceptualized, problematized, and contextualized in Kenya and Africa? Significantly, in Kenya and some African states, security is a human right. It is also a core function and obligation of the Executive and the President and or Prime Minister. Art 238(1) of the Constitution defines national security thus: “National security is the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests.”2 And Article 29 also guarantees security as a human right.
    [Show full text]
  • 14Th September, 2017 TO; the Secretary Judicial Service
    14th September, 2017 TO; The Secretary Judicial Service Commission Supreme Court Building NAIROBI Dear Madam, RE: PETITION AGAINST JUSTICE DAVID MARAGA Chief Justice & President of Supreme Court A. COMPLAINTS & FACTS THEREOF 1.0 Violation of Regulation 12 of The Judicial Code of Conduct & Ethics The Chief Justice has invited, encouraged and permitted entry into the core of the Judiciary by Non-Governmental Organizations (NGOs) who are known protagonists of the President and Deputy President and who propagated the prosecution of the President and Deputy President at the International Criminal Court (ICC). These elements have now captured the Judiciary with the intent of procuring a regime change through judicial radicalism. The Chief Justice has, inter alia; a) Invited, facilitated and supported the embedding of technical support and financing by the International Development Law Organization (IDLO) to entities within the Judiciary including the Judicial Training Institute, National Council for Administration of Justice and Judicial Election Committee, with full knowledge that the IDLO organization is associated with the known anti-government partisan protagonists, including Makau Mutua who is a Board Member thereof; with full knowledge that the entity collaborates with local non-state actors that participated in prosecuting the President and Deputy President at the I.C.C; with full knowledge that the entity is further associated with local non-governmental organizations and individuals who petitioned against the election of the President
    [Show full text]
  • Paralegal Support Network
    The Paralegal’s Handbook Paralegal Support Network Table of Contents Chapter 1: How to Use this Handbook Chapter 2: The Role of the Paralegal Worker Chapter 3: Law and Society Chapter 4: Institutions for the Implementation of the Law Chapter 5: The Constitution Chapter 6: Human Rights Chapter 7: Democracy Chapter 8: Elections Chapter 9: Governance Chapter 10: Gender and Development Chapter 11: Gender-based Violence Chapter 12: Employment and Labour Relations Chapter 13: Claims Arising from Personal Harm Chapter 14: Business Relations and Contracts Chapter 15: Land Law Chapter 16: Family Relations and Succession Chapter 17: Crimes Chapter 18: Court Procedures Chapter 19: Dispute Resolution and Conflict Management Chapter 20: Community Mobilization Chapter 21: Children and the Law Chapter 22: Environment and Natural Resource Management Chapter 23: Human Rights Institution Building Chapter 1 How to Use This Handbook Why the Handbook? This handbook has been developed by the Paralegal Support Network (PASUNE). The handbook was developed in fulfillment of the mandate of PASUNE. PASUNE as a network of leading human rights organizations involved in paralegal training has been working towards standardizing the content and methods of training paralegals in Kenya. As part of that process in the year 2003 it developed a curriculum for community paralegal workers. The curriculum has been very useful in ensuring that all organizations involved in paralegal training cover an agreed set of issues in the process of training and that the eventual trainees are of a certain quality. The curriculum however only highlights the areas to be covered. The substance is to be filled during the actual training.
    [Show full text]
  • Toward a Rule of Law Culture: Practical Guide
    TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Leanne McKay TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Written by Leanne McKay and edited by Adewale Ajadi and Vivienne O’Connor With contributions by Adewale Ajadi, Diane de Gramont, Hamid Khan, Rachel Kleinfeld, George Lopez, Tom Parker, and Colette Rausch UNITED STATES INSTITUTE OF PEACE Washington, D.C. United States Institute of Peace 2301 Constitution Avenue, NW Washington, DC 20037 www.usip.org © 2015 by the Endowment of the United States Institute of Peace. All rights reserved. First published 2015 To request permission to photocopy or reprint materials for course use, contact the Copyright Clearance Center at www.copyright.com. For print, electronic media, and all other subsidiary rights e-mail [email protected] Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standards for Information Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. This guide is available in English, Arabic, and French at www.usip.org. The views expressed in this publication are those of the author alone. They do not necessarily reflect the views of the United States Institute of Peace. ii TOWARD A RULE OF LAW CULTURE A RULE OF LAW TOWARD Contents List of Figures .............................................................................................................................
    [Show full text]
  • Decolonising Accidental Kenya Or How to Transition to a Gameb Society,The Anatomy of Kenya Inc: How the Colonial State Sustains
    Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored Published by the good folks at The Elephant. The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future. Follow us on Twitter. Pandora Papers: The Kenyatta’s Secret Companies By Africa Uncensored President Uhuru Kenyatta’s family, the political dynasty that has dominated Kenyan politics since independence, for many years secretly owned a web of offshore companies in Panama and the British Virgin Islands, according to a new leak of documents known as the Pandora Papers. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations. Other world leaders found in the files include the King of Jordan, the prime minister of the Czech Republic Andrej Babiš and Gabon’s President Ali Bongo Ondimba. The documents were obtained by the International Consortium of Investigative Journalists and seen by more than 600 journalists, including reporters at Finance Uncovered and Africa Uncensored, as part of an investigation that took many months and spanned 117 countries. Though no reliable estimates of their net worth have been published, the Kenyattas are regularly reported to be one of the richest families in the country. The Kenyattas’ offshore secrets were discovered among almost 12 million documents, largely made up of administrative paperwork from the archives of 14 law firms and agencies that specialise in offshore company formations.
    [Show full text]
  • The Emerging National Culture of Kenya: Decolonizing Modernity
    Journal of Global Initiatives: Policy, Pedagogy, Perspective Volume 2 Number 2 Special Issue on Kenya and the Kenyan Article 8 Diaspora June 2010 The meE rging National Culture of Kenya: Decolonizing Modernity Olubayi Olubayi Rutgers University, [email protected] Follow this and additional works at: https://digitalcommons.kennesaw.edu/jgi Part of the African Studies Commons, Place and Environment Commons, Politics and Social Change Commons, Race and Ethnicity Commons, and the Sociology of Culture Commons This work is licensed under a Creative Commons Attribution 4.0 License. Recommended Citation Olubayi, Olubayi (2010) "The meE rging National Culture of Kenya: Decolonizing Modernity," Journal of Global Initiatives: Policy, Pedagogy, Perspective: Vol. 2 : No. 2 , Article 8. Available at: https://digitalcommons.kennesaw.edu/jgi/vol2/iss2/8 This Article is brought to you for free and open access by DigitalCommons@Kennesaw State University. It has been accepted for inclusion in Journal of Global Initiatives: Policy, Pedagogy, Perspective by an authorized editor of DigitalCommons@Kennesaw State University. For more information, please contact [email protected]. Journal of Global Initiatives 2(2) (2007). pp. 222-237 The Emerging National Culture of Kenya: Decolonizing Modernity Olubayi Olubayi Abstract Kenya exists as a legitimate nation state that is recognized by the United Nations and by other countries. This paper is an exploration of, and a response to, the following two questions: "Is there a national culture ofKenya?" and "what is the relationship between the national culture ofKenya and the 50 ethnic cultures of Kenya?" The evidence indicates that a distinct national culture of Kenya has emerged and continues to grow stronger as it simultaneously borrows from, reorganizes, and lends to, the 50 ancient ethnic cultures of Kenya.
    [Show full text]